Mum "losing sleep" over court threat for taking son out of school for two week holiday to Cyprus

A mum says she is losing sleep over an impending court date for taking her children out of school for a fortnight in term time - with permission only for the first three days.

Leah Hilton, 33, took her son, six, to Cyprus for a wedding for 15 days in June - with permission to take three days off. She is being taken to court after not paying the £60 fine - but she claims it didn't turn up. Now she's received a Section 444 notice from Hampshire County Council, asking her to enter a plea.

Leah and her partner Hayden Harrop, 30, a dryliner, took their two kids, six and three, to Cyprus in June 2023 for Hayden’s brother's wedding - where Hayden was a groomsman.

Devastated Leah, from Gosport, faces a fine of up to £2,500 and a prison sentence of up to three months. The administrator says the council refuse to let her simply pay the same fine as was issued to her partner because it's too late.

Mum-of-two Leah, said: “I've been losing sleep over this – I’ve just been really stressed about it and trying to get to the bottom of it. How can I pay a fine I never knew I was supposed to have? How is that possible? When I called Hampshire County Council to explain that I never received the fine, they said because it had reached this point there was nothing I could do apart from plead guilty with mitigating circumstances. I still don't really want to enter a plea – I've been really fighting to get the fine reinstated considering I never received it in the first place.

"[The holiday] gave us the chance to meet other family members the kids hadn't met before. Hayden and I did have a discussion about taking them out of school and agreed that it would be beneficial for Mason to take him out of school to have experiences abroad.

"Tickets for the holiday were non-refundable and had already been booked and it being a wedding meant it was a once-in-a-lifetime experience. We also discussed the possibility of it impacting future exams and decided it would not.

"When we were on holiday he was able to up close and personal with elephants, lemurs and fruit bats. His water confidence improved and so did his mental health - it was educational in its own way, in a way school can't offer."

Leah says her partner received a £60 fine when they returned home which they paid – and they assumed that was the end of it. However, the school say they sent two fines out – one to each parent – and that Leah never paid her share, she claims. The school authorised a three-day absence.

In September Leah got a letter informing her she hadn't paid the fine and late payment could not be accepted. She went into the school on the same day to attempt to resolve the issue and discovered the school claimed to have sent a letter to each parent with two separate fines, she said.

She says the school promised to investigate and get back to her – and when she didn’t hear back, she assumed the matter was resolved. However, in December she received a Section 444 notice from Hampshire County Council, asking her to enter a plea.

It is an offence under Section 444 of the Education Act 1996 for a parent to fail to ensure their child attends school regularly. A Hampshire County Council spokesperson said: “We work closely with our schools in promoting good attendance to ensure all children get the best from their education. There is well documented research which shows that gaps in school attendance can adversely impact on a child’s wellbeing, learning and progress.

"We do understand that daily attendance isn’t always possible for medical reasons or for a small number of children with particular special educational needs, and we continue to work hard with schools and families to improve the situation. Department for Education (DfE) guidance is followed in advising headteachers not to authorise absence in term time unless there are exceptional reasons to justify permitting the absence. Penalty notices for unauthorised absence can be requested by schools in line with this guidance and, if used, are issued per parent per child.

"As is standard in the majority of legal proceedings, the county council provides a certificate of service to evidence that the penalty notice was served by first class post, not that it was actually received by the recipient. This is accepted by the courts as evidence of service.

"If a penalty notice is issued and not paid within the stipulated timescales, local authorities, must take steps to prosecute unless it would not be in the public interest to do so. There is no other flexibility for local authorities in this regard. Such legal interventions are only used as a last resort. It would not be appropriate to discuss individual circumstances, particularly while they may be subject to separate legal proceedings, and therefore we are unable to comment any further.”